There is a duty to accommodate in human rights law, but only to the point of what is referred to as ‘undue hardship’. While undue hardship is assessed on a case-by-case basis, it generally refers to times when it would be logistically impossible or overly difficult to accommodate the needs of the person.
For example, imagine that someone has a job which regularly involves operating a motor vehicle and they develop a condition which significantly impacts their eyesight. There are no other positions at the organization for which the employee would be qualified. In this situation, it is unlikely that the employer would need to accommodate the employee because the employee is no longer able to perform the core functions of their job safely and there are no other appropriate positions available.
There are several factors that would be considered in assessing undue hardship, including:
- Employee and customer safety;
- Financial cost;
- Interchangeability of the workforce and facilities;
- Disruption of a collective agreement;
- Disruption of services to the public;
- The morale of other employees; and,
- The size of the employer’s operation.
For more information on the duty to accommodate and undue hardship, or if you feel like you have been denied an accommodation, you may want to contact the Nova Scotia Human Rights Commission to discuss your situation. You can also complete the Nova Scotia Human Rights Commission’s Complaint Self-Assessment page to get a better sense of whether your experience falls within the purview of the Human Rights Act.